vutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA I IN THE NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION AT NEW DELHI FIRST APPEAL NO. 476 OF 2019 (From the order dated 31.08.2018 in CC No. 10/2015 of the State Consumer Disputes Redressal Commission Punjab)

Kanwalpreet Kaur Appellant (s)

Versus Dayanand Medical College and Ors. Respondent(s)

FIRST APPEAL NO. 479 OF 2019 (From the order dated 31.08.2018 in CC No. 10/2015 of the State Consumer Disputes Redressal Commission Punjab)

Dayanand Medical College and Ors. Appellant (s)

Versus Kanwalpreet Kaur and Ors. Respondent(s)

FIRST APPEAL NO. 664 OF 2019 (From the order dated 31.08.2018 in CC No. 10/2015 of the State Consumer Disputes Redressal Commission Punjab)

Mediways Hospital and Ors. Appellant (s)

Versus Dayanand Medical College and Ors. Respondent(s)

FIRST APPEAL NO. 1637 OF 2019 (From the order dated 31.08.2018 in CC No. 10/2015 of the State Consumer Disputes Redressal Commission Punjab)

United India Insurance Company Ltd. .. Appellant (s)

Versus Kanwalpreet Kaur and Ors. Respondent(s)ZYXWVUTSRQPONMLKJIHGFEDCBA FA Nos. 476_479_664_1637_1639 of 2019 Page 11 FIRST APPEAL NO. 1639 OF 2019 (From the order dated 31.08.2018 in CC No. 10/2015 of the State Consumer Disputes Redressal Commission Punjab)

Oriental Insurance Company Ltd. Appellant (s)ponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA Versus Kanwalpreet Kaur and Ors. Respondent(s)

BEFORE:

HON’BLE MR. JUSTICE A.P. SAHI, PRESIDENT HON’BLE MR. BHARATKUMAR PANDYA, MEMBER Appeared at the time of arguments:

For the Complainant Ms. Kanwalpreet Kaur (VC)

Mr. Ujjwal Jain, Advocate, Mr. Geetansh Bharti, Advocate For Dayanand Medical College Mr. BBS Sobti, Advocate Mr. Ritesh Kha re, Advocate Ms. Namrata Chandorkar, Advocate For Mediways Hospital Mr. K.G. Sharma, Advocate Dr. Satish Jain, In Person Dr. Sumit Jain, In Person For the United India Ins. Mr. Abhishek Gola, Advocate Co. Ltd. Mr. Ravi Kumar, Advocate For the Oriental Ins. Co. Ltd. Ms. Mithilesh Sinha, Advocate ^December, 2025 Pronounced on :

ORDER

JUSTICE A.P. SAHI, PRESIDENT

1. These Appeals arise out of a 142 paragraph order of the StateyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA Commission, Punjab dated 31.08.2018 running into 123 pages with more than ’ FZA YNoXs. W476V_4U79T_S66R4JLQ63P7_O16N39M ofL 20K19JIHGFEDCBA Page I 2 a 1000 pages of pleadings, evidence, applications, affidavits and orders. The volume of the pleadings is obvious on account of the nature of the complaint of an alleged medical negligence that took the shape of CC No. 10 of 2015 filed by Dr. Kanwalpreet Kaur, herself a Dentist, who has described and narrated her experience of a facial surgery undergone by her, which according to her was unnecessary and was performed in haste, treating it to be malignant, whereas according to her and the evidence relied upon by her, the surgery was based on absolutely infirm prognosis and an unconfirmed diagnosis of malignancy that was later on found to be just the opposite. The complaint was filed by her, alleging negligence against the Pathologists who conducted the pre-operative, pathological tests, the haste with which the surgeons performed the surgery and the consequences which she had to face that has transformed her life into a permanent trauma.

2. The State Commission after having perused the pleadings and assessed the evidence finally arrived at the conclusion that there was negligence at both the stages of diagnosis and treatment and as a consequence thereof, the complainant had to suffer further complications, as such the Complaint deserved to be allowed. Accordingly, by the impugned order dated 31.08.2018, the State Commission awarded a lumpsum amount of Rs.55.00 lakhs as compensation the liability distributed in the manner as indicated in paragraph no. 140 of the impugned judgment together with Rs.55,000/- as litigation costs and also indicating the liabilities of the insurers.ZYXWVUTSRQPONMLKJIHGFEDCBA FA Nos. 476_479_664_1637_1639 of 2019 Page I 3 The amount award